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Commercial Court: Compliance With Arbitral Preconditions a Question of Admissibility
A recent decision by the English Commercial Court indicates that failure to comply with a precondition to arbitration (such as an obligation to
Malaysian High Court clarifies limits of post-award court intervention
For the first time in recent years, the Malaysian courts have clarified the limits of judicial intervention under Malaysian law once an arbitral
When Mediating in Colorado, Sign a Settlement Memorandum During the Mediation
In Tuscany Custom Homes, LLC v. John B. Westover, et al., No. 2020CA1724, the Colorado Court of Appeals held that post-mediation communications from
PRC court sets aside cryptocurrency award on public interest grounds
Shenzhen Intermediate People’s Court has ordered that an arbitral award made by Shenzhen Arbitration Commission (also known as Shenzhen Court of
Greener Arbitrations - The Way Forward in International Dispute Resolution?
The drive towards sustainable change looks set to continue in 2021, with climate change issues continuing to receive attention from ESG-minded
Five key contract terms to incorporate in contract for remote alternative dispute resolution
Amid the COVID-19 pandemic, it has often proven difficult, if not impossible, to hold traditional in-person arbitrations and mediations due to
The China International Commercial Court
To provide judicial support for the Belt & Road Initiative ("BRI"), the Supreme People's Court of the People's Republic of China ("Supreme Court"
Law firm arbitration agreement with client requires full disclosure of upside and downside, NJ court rules
Law firms that want to include mandatory arbitration provisions in their client engagement agreements must explain to the client the benefits and
English Court rules that pre-conditions to arbitration are not matters of jurisdiction
The English High Court has declined to set aside an arbitral award, despite the fact that the Defendant had allegedly failed to comply with certain
Why the Equine Market Should Know About and Embrace International Arbitration
Anyone in the business of buying and selling horses across Borders or oceans should consider using arbitration clauses in their commercial contracts
Savoir quantifier les conséquences dommageables
Très reconnu dans le domaine de l’arbitrage, FTI Consulting intervient sur l’ensemble des aspects économiques et financiers des contentieux
The long shadow of the Achmea judgment
The judgment of the Court of Justice of the European Union (CJEU) in Achmea continues to have a startling and wide impact, this time potentially
Federal Court relies on its original jurisdiction to enforce a domestic commercial arbitration award
In First Solar (Australia) Pty Ltd, in the matter of Lyon Infrastructure Investments Pty Ltd v Lyon Infrastructure Investments Pty Ltd (No 2) 2021
Amendments to EU-Mexico Trade Agreement and investment arbitration
Mexico and the European Union have agreed to update the EU-Mexico Free Trade Agreement, which aims to improve, among other things, the settlement of
Mediation in Arbitration Podcast: The Profile of Mediation in Arbitration
We are pleased to share this Mediation in Arbitration podcast, in which Craig Tevendale, Chris Parker and Rebecca Warder discuss the results of the
Rise in arbitration cases in 2020 despite reduced Volume of in person hearings due to coronavirus pandemic
Most arbitration institutions that have released their statistics for 2020 have reported increased caseloads andor claim amounts, despite the
Dealing with Obstacles to Mediation
In this fourth podcast from our series on how to best represent your client at mediation, David Hossack and Laura McKenna explore some of the
Clause d’arbitrage : rejet d’action collective fondée sur l’interruption des affaires en raison de la COVID-19
Le 14 janvier 2021, le juge Gary D.D. Morrison de la Cour supérieure du Québec (la Cour ) a rendu une décision clé dans le cadre de laquelle il a
Mediation in Arbitration: A snapshot into trends and developments
Herbert Smith Freehills and the London Chamber of Arbitration and Mediation (LCAM) have conducted a joint snapshot survey to delve into trends in
To adjudicate or not to adjudicate? Actually, there is no choice under Clause W2.4 of the NEC3
Do the parties to an NEC3 contract incorporating an Option W2 dispute resolution procedure have to adjudicate on a dispute first before they can go
Former U.S. bankruptcy court judge joins JAMS as arbitrator and mediator
JAMS, the largest private provider of alternative dispute resolution (ADR) services worldwide, is pleased to announce the addition of
Important Changes to International Arbitration Procedures
To all our friends with international projects, partners, or contracts, please take note of some significant changes to one of the potential sets of
The availability of anti-suit relief, despite delay (Specialised Vessel Services Ltd v MOP Marine Nigeria Ltd)
The acknowledged starting point when seeking anti-suit injunctive relief is you must act promptly, but is that the whole story?
Adjudication, on demand bonds, and (no) fraud
In another adjudication first in Ireland, the High Court was required to decide in Construgomes & Carlos Gomes SA v Dragados Ireland Limited, BAM
2020 Consumer Financial Services Year in Review & A Look Ahead
2020 was a transformative year for the consumer financial services world. As we navigated an unprecedented volume of industry regulation, Troutman
Partial Win for Company Facing Nationwide ATDS Class Action: Court cannot Exercise Personal Jurisdiction Over Out-of-State Named Plaintiffs, but Arbitration Clause “Unconscionable” and ATDS Allegations Sufficient
Facing a nationwide TCPA class action for calls allegedly made using an ATDS, DirecTV sought partial dismissal on multiple grounds: (1) the lack of
FRAND License Disputes: Litigation and ADR
A party to a dispute making a conscious decision whether to litigate or arbitrate does not occur as often as some might think. The decision is often
Cross-border Deals Under the New PRC Civil Code Series - Recorded Webinar
The PRC Civil Code (1,260 articles in total), together with the PRC Supreme Court's eight new Judicial Interpretations on it, have entered into
Latin America Dispute Resolution Update - The Latest Developments in Cross-Border Disputes Involving the US and Latin America
This edition offers insights regarding COVID-19 ’s impact on mergers and acquisitions and on construction projects, recent changes to International
Pre-Action Protocol for Business-To-Business Debt Claims - A Useful Tool in the Post-Pandemic World
At a time when receivables are slow and companies need to keep their cashflow constantly under review the Pre-Action Protocol for